Category Archives: Notice

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Employee's Failure to Return Supervisor's Phone Calls Dooms FMLA Claim

When an employee’s request for medical leave is vague or is unclear, the Family and Medical Leave Act regulations specifically allow (in fact, they require) the employer to question the employee further to determine whether the absence potentially qualifies under the FMLA.  When the employee fails to respond to these reasonable inquiries, the employee may lose … Continue Reading

Failure to Follow Employer's Leave Procedures Dooms FMLA Claim

Employers frustrated with their employees’ lack of communication during FMLA leave have found a friend in the Seventh Circuit Court of Appeals.  In what must be described as a solid win for employers, the appellate court (which covers IL, IN and WI) affirmed the dismissal of a former employee’s Family and Medical Leave Act claim … Continue Reading

FMLA Poster In Other Languages?

In a recent post we reviewed the rules relating to posting and publishing the DOL’s “General Notice” poster. Among other things, the FMLA rules require employers who have a significant number of employees who do not read English to publish the notice in a language in which the employees are literate. The DOL has a … Continue Reading

An Employee Has Requested FMLA Leave. Now What Do I Do? - Podcast No. 14

“Notice of Eligibility?  Designation Notice?  Medical certification form?  I give up!” We often hear from clients that they have a tough time properly responding to an employee’s request for leave that might be covered by the FMLA.  Clearly, under the new FMLA regulations, employers must be able to master this response. After listening to this … Continue Reading

Employee's Headache No Excuse For Insubordination

Under the FMLA, an employer’s obligation to provide leave arises only after an employee gives notice that he or she needs FMLA leave. However, it is well-established that an employee need not explicitly mention the FMLA when requesting leave. Rather, an employee’s notice is sufficient if it gives the employer enough information to reasonably conclude … Continue Reading